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It is my understanding that the officer must be able to determine that you are intoxicated -- which means that you are impaired to some extent. The 0.08 BAC level is the level at which you are PRESUMED to be intoxicated. In other words, at that level they (the prosecutor) doesn't have to show any impairment. Below that level, the officer must be able to detect some form of impairment in your activities that can be attributed to the alcohol consumption. For example, not being able to walk a straight line. On the other hand, if there is some other explanation, such as overweight combined with weak ankles, that might explain the failure to walk a straight line, then the prosecution may not succeed. Since everybody is different, with different physical abilities, it is difficult to make a clean case below the 0.08 BAC level. But that doesn't mean it can't be done, or that you want to be in that situation in any case.

Also, I understand this applies to driving as well as CHL carrying.

This means the officer cannot say, "Well, you blew 0.001 BAC, so you're toast!" He'd have to be able to detect some kind of impairment.

You can only legally Drink while carrying at a Post Office thats in the State Fair as long as you have your CHL Badge.

marksiwel wrote:You can only legally Drink while carrying at a Post Office thats in the State Fair as long as you have your CHL Badge.

The post office serves drinks now? Wow, wonder how much those cost??? I knew they were losing money, but didn't figure on alcohol as a profit center for them.

sjfcontrol wrote:

marksiwel wrote:You can only legally Drink while carrying at a Post Office thats in the State Fair as long as you have your CHL Badge.

The post office serves drinks now? Wow, wonder how much those cost??? I knew they were losing money, but didn't figure on alcohol as a profit center for them.

you think there arent Drinks at the post office?

sjfcontrol wrote:This means the officer cannot say, "Well, you blew 0.001 BAC, so you're toast!" He'd have to be able to detect some kind of impairment.

That's what I've been saying.

Also, the cops generally don't want to waste their own time or get yelled at for hauling in sober people. There are plenty of drunks that need to be arrested.

Someone can also be impaired without consuming alcohol at all. That's why so many medications come with warnings about driving and operating heavy machinery.

- Jim

seamusTX wrote:

sjfcontrol wrote:This means the officer cannot say, "Well, you blew 0.001 BAC, so you're toast!" He'd have to be able to detect some kind of impairment.

That's what I've been saying.

Also, the cops generally don't want to waste their own time or get yelled at for hauling in sober people.

Someone can also be impaired without consuming alcohol at all. That's why so many medications come with warnings about driving and operating heavy machinery.

- Jim

I think thats the overall ruling on this.

This is how I operate: I do not like to drive or carry after I have had alcohol, therefore if I drink, I dont carry my gun. I hate not carrying my gun, therefore I seldom drink. I dont even wanna think about going to a bar cause I cant carry there.

E150GT wrote:This is how I operate: I do not like to drive or carry after I have had alcohol, therefore if I drink, I dont carry my gun. I hate not carrying my gun, therefore I seldom drink. I dont even wanna think about going to a bar cause I cant carry there.

That pretty much sums up the way I feel about it.
On the rare occasion that I partake in a beverage of the alcoholic variety, it'll be at home.

If I do go out drinking, I don't carry my gun and I don't drive. Just my personal policy. It seems to have gotten me to 49 years old and no drunk driving arrests. If I am home drinking, I leave my guns alone. Alcohol and firearms don't mix. I go to restaurants for dining, not drinking, so having a drink with a meal is not an issue for me. I have been known to drink too much ice tea.

Oh yeah. I do love these drinking while carrying threads. I can't wait to see where this one goes.

03Lightningrocks wrote:Oh yeah. I do love these drinking while carrying threads. I can't wait to see where this one goes.

Might as well relax and have a drink while we're waiting.

boomerang wrote:

03Lightningrocks wrote:Oh yeah. I do love these drinking while carrying threads. I can't wait to see where this one goes.

Might as well relax and have a drink while we're waiting.

I know I am.

boomerang wrote:Might as well relax and have a drink while we're waiting.

Well, that would be the right thing to drink while talking about guns.

seamusTX wrote:

sjfcontrol wrote:This means the officer cannot say, "Well, you blew 0.001 BAC, so you're toast!" He'd have to be able to detect some kind of impairment.

That's what I've been saying.

Also, the cops generally don't want to waste their own time or get yelled at for hauling in sober people. There are plenty of drunks that need to be arrested.

Someone can also be impaired without consuming alcohol at all. That's why so many medications come with warnings about driving and operating heavy machinery.

- Jim

Being a diabetic I can tell you that you can be impaired without any drugs, meds, or drinks (low blood sugar). I was pulled over once (made an illegal turn to get to food)while I was trying to get to food and the cop would not let me get to food, and took almost 30min to write the ticket. My blood sugar was in the 50's (almost needed help to eat) by the time he was done and I walked the 10 feet into the restaurant with help.

Told this story to the DA. She turned white as a ghost, apologized profusely and dismissed not only my ticket but the ticket of my friend that was following me making sure I was safe. I was fine to drive and the situation was fine until I was delayed.

Outbreaker wrote: Being a diabetic I can tell you that you can be impaired without any drugs, meds, or drinks (low blood sugar). I was pulled over once (made an illegal turn to get to food)while I was trying to get to food and the cop would not let me get to food, and took almost 30min to write the ticket. My blood sugar was in the 50's (almost needed help to eat) by the time he was done and I walked the 10 feet into the restaurant with help.

Told this story to the DA. She turned white as a ghost, apologized profusely and dismissed not only my ticket but the ticket of my friend that was following me making sure I was safe. I was fine to drive and the situation was fine until I was delayed.

Yikes! That's quite a story. Hope you complained to the relevant department, and the officer got a lesson on diabetes.